[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68828-68829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27864]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-861]
Certain Cases for Portable Electronic Devices; Institution of
Investigation Pursuant to the Tariff Act of 1930, as Amended
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 26, 2012, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of Speculative Product Design, LLC of Mountain View, California.
The complaint alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain cases for
portable electronic devices by reason of infringement of certain claims
of U.S. Patent No. 8,204,561 (``the '561 patent''). The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its Internet server at http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 8, 2012, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain cases for
portable electronic devices that infringe one or
[[Page 68829]]
more of claims 1-16 of the '561 patent, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Speculative Product Design, LLC, 303 Bryant Street, Mountain View,
California 94041.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Anbess Electronices Co. Ltd., 1F, Block B, Building 4, Cui Feng hao
Yuan, ShuiJing, BuJi, LongGang, Shenzhen, GC, 518112, China.
BodyGlove International, LLC, 201 Herondo Street, Redondo Beach,
California 90277.
Fellowes, Inc., 1789 Norwood Avenue, Itsaca, Illinois 60143.
ROCON Digital Technology Corp., Block 15, Fumin Industrial Zone,
Shenzhen, China 518111.
SW-Box.com, aka Cellphonezone Limited, Flat A, 15/F Hillier Comm. Bldg,
65-67 Bonham Strand East, Sheung Wan, Hong Kong.
Trait Technology (Shenzhen) Co., Limited, dba Trait-Tech, 416-419RM,
305 Sufa Building, Huafa North Road, Futian District,
Shenzhen, China 518031.
Hongkong Wexun Ltd, Wexun Tech (Hong Kong) Co., Ltd, Block 15, Fumin
Industrial Zone, Pinghu Community Office, Longgang District, Guangdong,
China 518111.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: November 9, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-27864 Filed 11-15-12; 8:45 am]
BILLING CODE 7020-02-P